MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 January 2000                  
	DOCKET NUMBER:   AR1999026963

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Ernest W. Lutz Jr.		Member	
	Ms. Margaret V. Thompson 		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That he be paid a $2,000 Regular Reenlistment Bonus (RRB).

APPLICANT STATES:  That he is entitled to the RRB and never received it.  In support of his application, he submits a memorandum from his reenlistment NCO; copies of DD Forms 4/1 (Enlistment/Reenlistment Document) for 16 February 1988, 17 November 1989, 8 August 1991, and 9 July 1996; DD Forms 214 (Certificate of Release or Discharge From Active Duty) for the periods 26 February 1973 to 25 March 1976, and 26 March 1976 to 25 March 1983; a copy of his DD Form 2-1 (Enlisted Qualification Record); and a portion of the DOD Pay Manual, Part One, pages 93-99.

EVIDENCE OF RECORD:  The applicant's military records show:

He is a sergeant first class stationed at Fort Bliss, Texas.  He first enlisted in the Regular Army on 26 February 1973 and served until honorably discharged on 25 March 1980.  He was without service until 16 February 1988 when he reenlisted for 4 years.  He has remained on continuous active duty since.

The applicant’s records are incomplete as to whether he received an RRB payment; however, the DD Form 4/1 that he submitted for his enlistment of 17 November 1989 indicates that he received a 50 percent Selective Reenlistment Bonus (SRB) at that time.

Army Regulation 601-280 establishes policy and procedures for the Total Army Retention Program.  It states, in pertinent part, that effective 1 June 1974, the use of the RRB was terminated.  However, each soldier on active duty on that date will continue to be eligible to receive $2,000 over an entire 20-year career for reenlisting.  This payment may be made as an RRB, SRB, or combination of the two.

The Department of Defense Military Pay and Allowances Entitlements manual prescribes the basic conditions for entitlement to the RRB.  It states that the RRB applies to members who were on active duty on 1 June 1974 and who thereafter reenlist within 3 months of being discharged (continuous service is not required).

Defense Finance and Accounting Service-Indianapolis (DFAS-IN) message, DTG 202141Z Aug 96, Subject:  Regular Reenlistment Bonus (RRB) Requests, states that DFAS cannot provide documentation to support RRB claims.  Therefore, in accordance with Comptroller General decisions, the claim must be disallowed unless the soldier can provide documentation to support a claim for payment of the RRB.

In the processing of this case, an advisory opinion was obtained from the Retention Management Division, US Total Army Personnel Command (PERSCOM), Alexandria, Virginia.  It states that the applicant has not provided sufficient evidence to indicate that he never received an RRB and recommends disapproval of his request.  The applicant was provided an opportunity to rebut the advisory opinion, but did not do so.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant has not shown that he has never received an RRB payment; on the contrary, he has shown that he received at least half of an SRB in 1989.

3.  The Retention Management Division, PERSCOM recommends that the applicant’s request be disallowed for failure to provide sufficient documentation.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__EMW__  __EWL__  ___MVT_  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999026963	
SUFFIX		
RECON		
DATE BOARDED	20000113	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	128.0500	
2.		
3.		
4.		
5.		
6.